Benham
Benham v. Hagen
Opinion
Lead Opinion
Fairbank, J.
PROCEEDINGS (in chambers): Order Determining that Benham Has Not Carried Burden of Establishing Bankruptcy Appellate Standing;
Permitting Taxation of Non-Fee Costs Under Fed. R.B.P. 8021; Declining to Sanction Benham Under Fed. R.B.P. 8020(a);
Terminating and Closing the Case
Appellant Erik Benham filed a petition for bankruptcy protection under Chapter 7 of the U.S. Bankruptcy Code on June 24, 2008. The matter was assigned Central District of California Bankruptcy Case No. 9;08-bk-11432-PC, and the United States Bankruptcy Trustee (“the Trustee”) was appointed on December 7, 2009. The Trustee issued a Trustee’s Final Report (“TFR”) reciting gross receipts of about $1.235 million; payments to creditors of about $526,280; administrative expenses of about $380,068; and a balance on hand of about $317,936. See TFR, reproduced at Exhibit (“Ex”) 1, at 1. The Trustee proposed paying nothing toward the claims of secured creditors, See Ex 1 at 6. The Trustee noted that “[i]n addition to the expenses of administration listed above as may be allowed by the Court, priority claims totaling $838,743.68 must be paid in advance of any dividend to general (unsecured creditors), see Ex 1 at 7.…